A 14-year-old boy who climbed on the roof of a speeding train for a "dare" died instantly when the carriage passed under a bridge, a court heard yesterday.
Damien Lammon, of Carberry Park, Athy, Co Kildare, travelled to Dublin every Sunday evening with a group of friends from Waterford, Judge J.D. O'Hagan was told in the Circuit Civil Court. On each trip the boys took turns to play a game of "chicken" when one boy would climb through the carriage window on to the roof.
Damien Lammon's death was outlined to Judge O'Hagan by his grandmother, Ms Rita Lammon, who failed in an attempt to recover damages for alleged negligence against Iarnrod Eireann.
She told her counsel, Ms Alice Doyle, that Damien's friends had told her of the game they played every Sunday as they returned to a Dublin school.
Gardai gave evidence of Damien's near-decapitated body being found on a carriage roof when the Waterford-Dublin train arrived at Heuston Station.
Judge O'Hagan upheld a submission by Mr Finbarr Fox, counsel for Iarnrod Eireann, that Ms Lammon had failed to prove negligence against the company. "This was a dreadful accident," he said. "It is with regret that I have to apply for the case to be dismissed."
Judge O'Hagan said it was a distressing case for everyone, particularly for Ms Lammon who had raised her grandchild, Damien, since he was three days old.
After the court hearing, Ms Lammon said she hoped publication of Damien's accident would be a lesson to other youths who played "chicken" and "dare" games with trains.
"Since Damien's accident I have heard this game is quite common, particularly around Dublin," she said. "Some youngsters stand on the track in front of oncoming trains or run across in front of them at the last minute. It is reckless, dangerous and very often deadly."
Ms Lammon said she would appeal to young people involved to stop before it was too late.